(i) Indian Succession Act, 1925, S.63, Indian Evidence Act, 1872, S.68 — Will — Proof of execution — Where three attesting witnesses consistently stated that Will was written by testator himself, that he thumb-marked and signed it in their presence, and that they signed in...
(ii) Will — Attesting witnesses — Non-examination of one attesting witness — No adverse inference could be drawn when three attesting witnesses were examined and the law required attestation by at least two witnesses and proof by examining one attesting witness. (Para 17)
(iii) Indian Succession Act, 1925, S.63, Indian Evidence Act, 1872, S.68 — Holographic Will — A holographic Will carries more value once due execution is proved, but it still has to be proved to have been executed by testator and attested by at least two...
(v) Indian Succession Act, 1925, S.63, Indian Evidence Act, 1872, S.68 — Will — Burden of proof — Initial burden to prove execution and validity of Will lies on propounder — Once propounder discharges that burden by examining attesting witnesses and other supporting evidence, onus...
(vi) Indian Evidence Act, 1872, Ss.45, 47, 68, Indian Succession Act, 1925, S.63 — Handwriting Expert — Will was supported by expert evidence proving signatures of testator, and attesting witnesses also identified execution — Even if one expert opinion on handwriting was not accepted, due execution...
(vii) Indian Succession Act, 1925, S.63 — Will — Testator had given reasons for preferring nephew over his wife, had made provision for wife’s maintenance, residence and deposit amounts, and had expressed a desire to keep the property within paternal family — These circumstances removed...
(viii) Will — Once the Will is proved, question why testator preferred one beneficiary over another, or why beneficiary had not served testator, loses significance — Love and affection may also be reason for bequeathing property. (Para 26)
